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Supreme Court Nomination Battle Begins Today; U.S. About To Surpass 200,000 Coronavirus Deaths; U.K. Seeing A Second Wave of Coronavirus Coming In. Aired 5:30-6a ET

Aired September 21, 2020 - 05:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


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[05:32:31]

BORIS SANCHEZ, CNN ANCHOR: As America mourns the late Justice Ruth Bader Ginsburg, a supreme political battle mounts over who will replace her just weeks before the election.

CHRISTINE ROMANS, CNN ANCHOR: Most U.S. states are seeing coronavirus case counts move in the wrong direction as the pandemic approaches a grim new milestone in America.

Good morning, this is EARLY START. I'm Christine Romans this Monday morning. Hi, Boris.

SANCHEZ: Great to see you, Christine. I'm Boris Sanchez in for Laura Jarrett. We are 32 minutes past the hour.

And we begin this half-hour with the epic Supreme Court fight now at hand. The political stress test facing the United States escalating by the day. The battle to fill the seat of Ruth Bader Ginsburg comes on top of a ferocious presidential campaign and a worsening pandemic about to cross that grim milestone -- 200,000 American lives.

President Trump and Senate Republicans rolling out an aggressive power play aiming to reinforce a generational majority on the nation's highest court.

CNN's Manu Raju has the latest from Capitol Hill.

(BEGIN VIDEOTAPE)

MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Good morning, Boris and Christine.

The fight begins in earnest when senators return to Washington later today. This -- the big question that they're going to face is whether or not there should be a delay -- whether or not the nomination fight should go and happen after the November election. Remember, we're just 43 days away from the election. It typically takes two to three months to process a nomination.

And, of course, Republican after Republican, they were all saying the same thing in 2016 when Barack Obama, eight months before Election Day, nominated Merrick Garland to the court. They said let the people decide. They're saying now things are different because this is -- the Republicans control both the Senate and the White House. Back then, a Democrat, of course, was in the White House.

But nevertheless, some Republicans say that they don't want to step away from that position that they voiced back in 2016. One of those Republicans, Lisa Murkowski, announced yesterday that she thinks that this nomination should be punted until after November. And Susan Collins of Maine, in a difficult reelection race, said the same thing over the weekend.

It's unclear if there are other Republicans who will also join ranks. They need four Republicans to say it's time to punt until after November. Right now, just two are saying that publicly.

A number of them, including Mitt Romney of Utah, and Chuck Grassley of Iowa have not said one way or the other. Grassley told me in late July that it would make sense to wait until after the election. If a vacancy arose that he would favor punting on this. He is not saying that's still his position now.

[05:35:05]

Ultimately, though, the question will be can this nominee get the votes to be confirmed, even if it happens after the election? And that calculation gets a lot more complicated if Joe Biden wins the White House -- the Republicans lose the Senate majority in the last weeks of power -- they push through this nomination in that lame duck session of Congress. That's why some Republicans want to vote quickly because who knows what the environment will be like after the election -- Boris and Christine.

(END VIDEOTAPE)

ROMANS: Manu Raju, thank you for that.

The stakes are high and the drama also high on Capitol Hill in this country.

Joining us now on more of the life and legacy of Justice Ginsburg and the battle to fill that seat is CNN Supreme Court reporter Ariane de Vogue, live at the Supreme -- this morning at the Supreme Court. So nice to see you.

What a weekend. I mean, the outpouring of emotion and admiration for this Supreme Court justice. Before we -- before we talk about the drama about what happens next, a moment, if you will, on this tiny and mighty legend in American public life.

ARIANE DE VOGUE, CNN SUPREME COURT REPORTER: Right -- you're right. Over the weekend, people were here making homemade flowers -- homemade posters and cards and flowers that stretched around the block.

And they were here about her legacy because keep in mind, even before she got on the Supreme Court, she was a legal pioneer in the area of gender discrimination. She, as a young lawyer, went around the country finding these laws that treated men and women differently and she worked to pick them up. Often, she knew she would be arguing before male judges but sometimes she'd find a male plaintiff to prove that point.

So she was a legend even before she was nominated to the Supreme Court.

Keep in mind, Clinton did that in 1993, and then she took the bench and she became a consistent liberal vote on issues such as abortion and same-sex marriage.

And now, the court's got eight members and there's a lot of changes in store because the justices often say when one member leaves the entire court changes, and that's what we're looking at now.

SANCHEZ: Yes, certainly.

And, Ariane, obviously, Republicans, the president, Senate majority leader Mitch McConnell, they all plan to move very quickly on replacing Ruth Bader Ginsburg. But she made clear in the days before that she passed away, dictating a statement to her granddaughter effectively saying that her dying wish was to be replaced by a new president, right?

DE VOGUE: That's exactly right. NPR reported that coming from her granddaughter that she had said that. If you've seen them over the weekend, they said well that was not her call to make and they're pressing through.

And all signs point to the fact that they are in a rush. They want to get this going. They want to get the name out there as soon as they can.

ROMANS: Let's talk about the shortlist then. The president has suggested he would appoint a woman. What -- in the Supreme Court insider circles, what does that shortlist look like, Ariane?

DE VOGUE: Well, for a long time, people thought that a judge named Amy Coney Barrett -- she was always sort of the one that was the favorite if Ruth Bader Ginsburg were ever to step down. She sits on the 7th Circuit Court of Appeals. She's already met with the president and she's been vetted. She is a favorite of supporters of religious liberty, so she is on the top of the list.

Another one is Barbara Lagoa. She is also a federal appeals court judge on the 11th Circuit. But here's what interesting about her. She comes from Florida, so there's a focus on Florida being this battleground state. She was also the first Cuban-American to sit on the Florida Supreme Court.

And also, recently, she was with the majority in a very controversial voting rights case, so that will be in play.

And there's two others. Allison Rushing -- she's on the Federal Appeals Court. She's considered a little on the young side but another favorite of supporters of religious liberty.

And then, if the White House counsel Pat Cipollone wants to stay within the White House within his office, he's got a lawyer. Her name is Kate Todd. She could be on the list.

So there -- that's where it is. But really, a lot of people are focusing on Amy Coney Barrett.

ROMANS: All right, Ariane de Vogue. Thank you so much for your insight this morning. Have a great day -- Boris.

DE VOGUE: Thanks.

SANCHEZ: Thanks, Ariane.

CNN has obtained new audio excerpts from Bob Woodward's interview with President Trump. They reveal the president repeatedly boasting about the number of judges that he's appointed to the federal bench. And they provide new insight into the president's relationship with Senate majority leader Mitch McConnell as the two men prepare to push through a potential third Supreme Court nominee.

Here's an excerpt.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: You know what Mitch's biggest thing is in the whole world? His judges.

BOB WOODWARD, JOURNALIST, AUTHOR, "RAGE": Yes. And then --

TRUMP: If I have 10 ambassadors -- and a judge can take long to get approved, you know, which I guess is probably right. Should be right.

WOODWARD: Yes, sir.

[05:40:00]

TRUMP: He will absolutely ask me please, let's get the judge approved instead of 10 ambassadors.

You know, the Democrats put up roadblocks at every single stop. But we don't need, like, on vacancies -- on people vacancies, we don't need thousands of people going to the State Department. We've got thousands and thousands of people. It's so ridiculous.

And then they'll say he doesn't have as many as somebody else. I don't want them.

WOODWARD: OK. Here's my policy --

TRUMP: I mean, Mitch's big thing is judges because --

WOODWARD: I understand, but then you've got --

TRUMP: -- and we have broken every record. (END VIDEO CLIP)

SANCHEZ: President Trump's 200th federal judge was confirmed by the Senate in June, giving him roughly one-quarter of the federal bench.

ROMANS: And the president also told Woodward he believes he deserves the best grade possible for his handling of the pandemic -- a pandemic that has killed 200,000 people.

Listen to his response to this question from the legendary journalist.

(BEGIN VIDEO CLIP)

WOODWARD: So, what grade do you give yourself on the virus for the last six-seven months?

TRUMP: Other than the public relations, which is impossible because it's a fake media -- fake. They're fake. I know you dislike --

WOODWARD: Yes, I do, but I --

TRUMP: OK.

WOODWARD: Yes.

TRUMP: Other than the fact that I have been able to (INAUDIBLE) --

WOODWARD: So what's the grade, sir?

TRUMP: -- I give ourselves an A. But the grade is incomplete and I'll tell you why. If we come up with the vaccines and the therapeutics, then I give myself an A+.

(END VIDEO CLIP)

ROMANS: When the president said that in July, there were nearly 141,000 coronavirus deaths. The number of Americans killed by the virus will surpass 200,000 in the coming hours.

(BEGIN VIDEO CLIP)

Bell tolling at National Cathedral in Washington, D.C.

(END VIDEO CLIP)

ROMANS: That's the bell at the National Cathedral tolling 200 times on Sunday, once for every 1,000 dead.

For some perspective, this was President Trump back in March.

(BEGIN VIDEO CLIP)

TRUMP: If we can hold that down, as we're saying, to 100,000 -- it's a horrible number -- maybe even less. But to 100,000 -- so we have between 100,000 and 200,000, we all together have done a very good job. (END VIDEO CLIP)

ROMANS: That was six months ago. Now with 200,000 dead, most of the country is headed in the wrong direction again. In 31 states, the number of new cases increased by at least 10 percent in the past week compared to the previous week.

SANCHEZ: The United Kingdom could be facing another coronavirus lockdown. According to England's chief medical officer, cases are heading in the wrong direction and the country has reached a critical point in the pandemic.

Let's get to Scott McLean. He's live, joining us from London. And, Scott, I understand that people who violate self-isolation could be fined and it's not a slap on the wrist, either.

SCOTT MCLEAN, CNN INTERNATIONAL CORRESPONDENT: No, it's absolutely not, Boris.

The British health secretary says this country is facing a tipping point and he had a pretty stern warning for the public. Follow the rules that are in place right or prepare to have much more stringent rules placed on the country -- maybe even a second nationwide lockdown.

Last week, the U.K. imposed new restrictions on social gatherings -- the so-called rule of six in some parts of the country. It also effectively barred almost all in-person socializing between people from different households.

A week later, though, it's not really that clear whether or not those measures have had an impact, considering this weekend the U.K. just recorded its highest single-day case count since May. So just for good measure, the government is now saying that it's going to crack down on the rules that are in place right now, particularly around quarantine where the rules have been pretty lax if they're enforced at all right now.

In fact, a survey from back in the summer showed that only one-fifth -- one out of five people who were mandated to quarantine actually were quarantining. Obviously, some people on lower incomes, they simply can't afford it. So the government is offering cash incentives for people to stay home if they're in that low-income bracket.

They're also, though, imposing much stricter fines -- a $1,000 -- a thousand pounds, I should say, for the first violation for people who stay home. And those fines could also be extended to employers if, per se, they're threatening employees who aren't going to come into work when they're supposed to be quarantining -- Boris.

SANCHEZ: Yes. Scott McLean reporting from London. Thank you.

ROMANS: All right.

You know, European stock markets are tumbling this morning on those very concerns there in the U.K. and in Europe -- those soaring cases. And in the U.S., the number of Americans killed by coronavirus is nearing this grim milestone.

Millions are still out of work here in the U.S., stimulus talks have stalled. There is now a growing realization the road to recovery will be long with a critical moment arriving on the calendar. Policymakers are looking ahead to the fall and the winter when people will spend more time indoors risking additional coronavirus infections.

Unemployment claims are still at historic levels, small businesses are disappearing, bankruptcies filings are mounting, and data shows large- company bankruptcies spiked 244 percent in July and August from the same period last year.

[05:45:11]

Now, remember, the trajectory of the virus will dictate this recovery. Economists at Goldman Sachs warn the next six weeks could be full of potholes for investors.

One of the potholes, stimulus. Lawmakers still can't come together over the size and makeup of another round of stimulus. Goldman Sachs said another package before the election looks like a longshot.

Strategist Greg Valliere warned without a stimulus package, more small businesses will close, state and local governments will lay off thousands of workers, and evictions will increase.

And now, you have a Supreme Court battle, Boris, that adds a new layer of complication and discord in Washington, putting stimulus even further in the rearview mirror.

SANCHEZ: Yes. There was some hope from White House officials that perhaps certain pieces of the economy could be helped out. Airlines, for example.

Mark Meadows, the chief of staff, last week saying that effectively, this was the critical week to try to get something done before massive layoffs in the airline industry. It does not look like that is going to happen.

Stay with EARLY START. We'll be right back.

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[05:50:19]

SANCHEZ: A slow-moving tropical storm is set to make landfall along the Texas coast today. Meteorologist Tyler Mauldin has the forecast.

(BEGIN VIDEOTAPE)

TYLER MAULDIN, AMS METEOROLOGIST: Christine, Boris, nearly 14 million residents in Texas and Louisiana are under a tropical storm warning as Tropical Storm Beta slowly approaches. It's only moving at six miles per hour. It's looking very discombobulated on satellite imagery as some drier air begins to filter into it. That drier air is really trying to squash Beta. Now, because of that dry air, it's not going to strengthen any as it makes landfall, and it should make landfall in southeast Texas overnight. Around 1:00 a.m., it should be making landfall. And you can see from overnight tonight to Thursday it moves very little.

Just because it's a tropical storm doesn't mean you should not take it seriously. You should because a slow-moving tropical storm like this is going to drop tremendous amounts of rainfall. That's why we have flood watches in effect for this region. We could see upwards of six inches of rainfall and some isolated higher amounts. Some areas could pick up a foot of rainfall.

Now, that's not the only game in town. We also are watching Teddy. Teddy is a category-two hurricane. It's going to push just to the east of Bermuda in the days to come and eventually it will impact Nova Scotia.

(END VIDEOTAPE)

ROMANS: All right, Tyler. Thank you so much.

Now, that's your weather; here's your business this Monday morning.

Taking a look at markets around the world you can see that markets in Japan were closed, actually, for a holiday, but European shares opened sharply lower. Bank shares hobbled by reports of movement of suspicious funds and surging coronavirus cases in major European economies is spooking investors that a second wave of coronavirus lockdowns may be necessary there.

U.S. futures also down sharply more than two percent, adding to three weeks of losses. Concern here that the Supreme Court fight will take Congress' attention away from the next stimulus package. Goldman Sachs warned if a stimulus plan isn't included in legislation to keep the government running past the end of the month, it could be on hold for the rest of the year at a critical time when you're heading into the fall flu season and the recovery is not guaranteed here.

The coronavirus pandemic has affected, of course, every aspect of American life -- even how people manage their money. Fintech -- think Fintech. Apps like Venmo, PayPal, and Robinhood have seen a surge in new accounts since March.

Fintech is also reaching new types of users. Bank of America said it added more than a million new mobile check deposit users in the second quarter. Twenty-two percent of them were baby boomers or seniors who had been hard to engage in digital services before the pandemic.

Analysts say while people won't completely ditch their physical banks, they'll be more likely to keep using these apps.

Really, every way we do business -- everything we do, Boris, has been changed over the past six months, hasn't it?

SANCHEZ: Yes, absolutely. The Emmys, too. The 72nd Annual Emmy Awards last night -- the Pandemmys, as they're called by host Jimmy Kimmel, without an audience. The nominees were connected remotely in their homes and at watch parties.

As for the awards themselves --

(BEGIN VIDEO CLIP)

JIMMY KIMMEL, HOST, 72ND ANNUAL EMMY AWARDS: "SCHITT'S CREEK."

UNIDENTIFIED FEMALE: Daniel Levy, Daniel Levy, "SCHITT'S CREEK."

KIMMEL: Andrew Cividino, Daniel Levy, "SCHITT'S CREEK."

UNIDENTIFIED FEMALE: Daniel Levy, "SCHITT'S CREEK."

UNIDENTIFIED FEMALE: Annie Murphy, "SCHITT'S CREEK."

(END VIDEO CLIP)

SANCHEZ: "SCHITT'S CREEK" sweeping the comedy category for its sixth and final season, winning a record seven awards, including Best Comedy Series and Best Actor and Actress for stars Eugene Levy and Catherine O'Hara.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And the Emmy goes to "WATCHMEN."

(END VIDEO CLIP)

SANCHEZ: HBO's "WATCHMEN," the most nominated show, taking home four Emmy's, including Best Limited Series and one for Best Actress, Regina King.

(BEGIN VIDEO CLIP)

STERLING BROWN, ACTOR, EMMY PRESENTER: The Emmy for Outstanding Drama Series goes to "SUCCESSION."

(END VIDEO CLIP)

SANCHEZ: Shout-out to Cousin Greg -- Greg the Egg. HBO's "SUCCESSION" winning Best Drama Series and three other awards.

(BEGIN VIDEO CLIP)

KIMMEL: Zendaya, "EUPHORIA."

(END VIDEO CLIP)

SANCHEZ: The night's biggest upset, 24-year-old Zendaya winning Best Drama Actress for her role in "EUPHORIA" -- the youngest to ever win the award in that category.

The Emmys set a record for most wins by black actors and you see the celebration happening behind her.

HBO led with 30 Emmy wins. Netflix came in second with 21. And, of course, we have to point out HBO is part of CNN's parent company, WarnerMedia.

ROMANS: Boy, we've also been consuming an awful lot of content over the past six months, haven't we? I've seen almost all of those. Oh my gosh.

All right, nice to see you, Boris. Thank you.

SANCHEZ: Great to see you, Christine.

ROMANS: Thanks for joining us. I'm Christine Romans.

[05:55:00]

SANCHEZ: And I'm Boris Sanchez. "NEW DAY" is next.

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(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: U.S. Supreme Court Justice Ruth Bader Ginsburg has died at the age of 87.

RAJU: Republican leaders applauding a full-throated effort to fill Justice Ruth Bader Ginsburg's seat.

SEN. TED CRUZ (R-TX): I think it is particularly important that the Senate take it up and confirm this nomination before the election.

UNIDENTIFIED FEMALE: Daily COVID-19 cases in the U.S. have been ticking up recently --

UNIDENTIFIED MALE: Maybe there's some COVID fatigue where people are just letting down their guard.

UNIDENTIFIED FEMALE: -- as the nation's number of lives lost closes in on 200,000.

UNIDENTIFIED MALE: We have to stay strong and do the things that could decrease the spread. And with smart testing, we can flatten the curve and slow the spread.

(END VIDEO CLIP)

[06:00:00]